Cuyahoga Ohio Jury Instruction — 3.3.1 Section 1, Per Se Violation Conspiracy To Fix Prices — Includes Alternative Rule of Reason Instruction: The Cuyahoga Ohio Jury Instruction — 3.3.1 Section 1 specifically addresses cases involving conspiracy to fix prices, providing guidance to jurors on evaluating such violations. This instruction is crucial in determining the liability of defendants involved in anti-competitive practices. It focuses on per se violations, which refer to actions considered inherently illegal, as well as the alternative rule of reason approach, which evaluates the overall impact on the market to determine the violation's legality. In the context of price-fixing conspiracies, the Cuyahoga Ohio Jury Instruction — 3.3.1 Section 1 outlines the requirements for establishing a per se violation. It explains that a per se violation occurs when two or more individuals or entities agree to fix, raise, lower, or stabilize prices. This agreement by itself can be considered illegal without examining its actual impact on the market. However, the instruction also presents an alternative approach known as the rule of reason. This instruction acknowledges that some cases may require a more in-depth analysis to determine if the conduct in question unreasonably restrains trade. The rule of reason instruction is applicable when the actions might have pro-competitive advantages or economic justifications that outweigh any anti-competitive effects. The Cuyahoga Ohio Jury Instruction — 3.3.1 Section 1 explains that the jury must evaluate the evidence presented to decide which doctrine, either the per se violation or the rule of reason, should be applied. The instruction guides jurors in considering the intent, purpose, and effects of the alleged price-fixing conspiracy, as well as any relevant defenses or justifications presented. It is worth mentioning that there might be different variations or additional sections of Cuyahoga Ohio Jury Instruction — 3.3.1 Section 1 specific to certain circumstances or cases. Some potential variations can include instructions on determining the existence of an agreement, assessing the impact on competition, evaluating the reasonableness of the restraint, considering the roles of the defendants, or any additional instructions tailored to reflect specific industries or factual situations. However, the exact naming of these variations may vary, and it is essential to consult the specific instruction applicable to the given case for accurate information.
Cuyahoga Ohio Jury Instruction - 3.3.1 Section 1, Per Se Violation Conspiracy To Fix Prices - Includes Alternative Rule of Reason Instruction
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A request to be excused from jury service must be received by the Jury Department no later than 5 days before the start of your jury term. Excuse requests will be reviewed and decided by a federal judge. You will be notified once a decision is made. You are not considered excused until you are notified.
A challenge to the array is defined as a challenge that seeks to disqualify an entire jury panel assembled up until that current point. Generally, the reason given is that the selection of the jury panel violated some rule designed to produce impartial juries drawn from a fair cross-section of the community.
Challenging the Array 629 (1) The accused or the prosecutor may challenge the jury panel only on the ground of partiality, fraud or wilful misconduct on the part of the sheriff or other officer by whom the panel was returned.
Statutory Exemptions a person whose spouse or near relative has recently died or is seriously ill. a person whose jury service would cause them or someone in their care extreme physical or financial hardship, or who would be harmed or would harm the public by serving on a jury. a person who is older than 75 years of
Reasons for Being Excused from Jury Service Any reason deemed sufficient by the court. Medical reasons. Public necessity. Undue hardship. Dependent care. Student Status. Military conflict.
A request made to the judge during voir dire that a prospective juror be removed for some specific reason. For example, a juror with some relationship to either the prosecution or the defense may be removed as a result of a challenge for cause.
There are certain legal grounds for which a juror might be excused, called a challenge for cause, and each side may excuse a certain number of jurors, called a peremptory challenge.
You must submit your request for deferral as early as possible following receipt of your summons for jury duty. If you have a medical excuse, you must submit a doctor's statement containing condition and prognosis. Remember, in most cases, this is not an exemption, but only a temporary postponement of jury duty.
Section 31(1) of the Jury Ordinance (Cap. 3) provides that a person who serves as a juror in a criminal or civil case, or any inquest under the Coroners Ordinance (Cap. 504), shall be paid an allowance at such rate as the Chief Executive in Council may prescribe.
You are required to provide documentation from a physician verifying that a mental or physical condition renders you unfit for jury service for the remainder of the jury year. Jury service would otherwise cause undue or extreme physical or financial hardship to you or a person under your care or supervision.